Get the facts about HB 51

HB 51: Decriminalize Abortion

Sponsored by Reps. Joanne Ferrary, Georgene Louis, Deborah Armstrong, Eliseo Alcon, and Sen. Linda Lopez

New Mexico still has an unconstitutional, pre-Roe v. Wade statute on the books that criminalizes abortion. If Roe v. Wade is overturned, this law could become enforceable again, making abortion a crime and putting medical providers and their patients at risk of criminalization.

HB 51 repeals an unconstitutional law and removes abortion from our criminal code.

A vote in support of HB 51 would:

  • Repeal an old law that makes abortion a crime
  • Keep health care providers from facing jail time for providing legal, safe, and regulated care
  • Keep women from facing injury, death, or criminal charges
  • Affirm health care is not a crime

Roe v. Wade is at risk of being overturned

  • Roe is likely to be overturned or gutted within a year according to national experts in this field.
  • This is a matter of when, not if, Roe will be overturned or gutted in the next year. We can’t put our families or providers at risk for criminal investigation or prosecution for a single day.  

Medical providers and their patients could face criminal charges

  • This old law puts health care providers and women at risk by making abortion a felony.
  • Health care providers who provide an abortion could be criminally charged, prosecuted,and sent to jail.
  • People seeking an abortion could also face investigations into their private medical circumstances that could result in criminal charges.
  • If people can’t access abortion, they could turn to unsafe and even deadly alternatives.

Medical organizations support HB 51

Medical care is highly regulated. We don’t need a criminal law that singles out abortion to ensure that abortion care is provided safely and according to standards of care. That’s why HB 51 is endorsed by:

  • New Mexico Medical Society
  • New Mexico Public Health Association
  • New Mexico Academy of Family Physicians
  • New Mexico Chapter of the American College of Obstetricians and Gynecologists (ACOG)

Reproductive healthcare is NOT a crime

  • Every New Mexican deserves access to safe and legal healthcare without fear or penalty.
  • Healthcare providers should not be criminally charged for providing care that people need.

New Mexicans support abortion access

  • New Mexican communities hold diverse personal and religious beliefs, including differing views about abortion. 77% of rural New Mexicans agreed that they could hold their own moral views about abortion and still trust a woman and her family to make decisions about abortion for themselves, including 79% of Catholics.
  • 79% of rural New Mexicans surveyed agree with the following statement: “Whether due to the loss of pregnancy, abortion care, or prenatal care, women deserve to be supported and respected and not shamed when seeking reproductive healthcare.
  • Outdated and dangerously restrictive laws like the one still on the books in New Mexico take complex, personal decisions away from New Mexico women and families and restrict access to safe care.

Keeping abortion legal ensures safety

  • Healthcare providers, including abortion providers, prioritize patient safety. They already follow state and federal regulations, licensing requirements, and constantly update training and standards to deliver the highest quality, safe care, and strict penalties are in place to ensure that no person can deliver medical care without an appropriate license and training.
  • Medical experts and providers agree that laws restricting abortion access harm patients. Respected medical organizations such as the American Medical Association (AMA) and the American College of Obstetrics and Gynecologists (ACOG) support safe abortion access.